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HomeMy WebLinkAbout173-17 RESOLUTIONQ F. FAYEf'tF 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 173-17 File Number: 2017-0426 UNIVERSITY OF ARKANSAS MASTER AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MASTER AGREEMENT WITH THE UNIVERSITY OF ARKANSAS REGARDING THE PLACEMENT OF UTILITIES WITHIN PUBLIC RIGHTS OF WAY AND UTILITY EASEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Master Agreement with the University of Arkansas, a copy of which is attached to this Resolution, regarding the placement of utilities within public rights of way and utility easements. PASSED and APPROVED on 8/15/2017 Attest: �" , 5 L " -Z,/ Sondra E. Smith, City Clerk Treasurer NSA' Page 1 Printed on 8/16117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0426 Agenda Date: 8/15/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: D. 8 UNIVERSITY OF ARKANSAS MASTER AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MASTER AGREEMENT WITH THE UNIVERSITY OF ARKANSAS REGARDING THE PLACEMENT OF UTILITIES WITHIN PUBLIC RIGHTS OF WAY AND UTILITY EASEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Master Agreement with the University of Arkansas, a copy of which is attached to this Resolution, regarding the placement of utilities within public rights of way and utility easements. City of Fayetteville, Arkansas Page 1 Printed on 8116/2017 City of Fayetteville Staff Review Form 7017-0426 Legistar File ID 8/15/707 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Corey Granderson 7/27/2017 Engineering Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of a master agreement regarding placement of utilities and pipe lines to be owned, operated and maintained by the University of Arkansas in public rights of way and utility easements in the city of Fayetteville, Arkansas. This item has no budget impacts. N/A Account Number N/A Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # N/A Original Contract Number: N/A Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget N/A Fund N/A Project Title Approval Date: V20140710 CITY OF r T11 l C�le ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Corey Granderson, Staff Engineer DATE: July 27, 2017 STAFF MEMO SUBJECT: Approval of a master agreement regarding placement of utilities and pipe lines to be owned, operated and maintained by the University of Arkansas in public rights of way and utility easements in the city of Fayetteville, Arkansas RECOMMENDATION: Staff recommends approval of a master agreement regarding placement of utilities and pipe lines to be owned, operated and maintained by the University of Arkansas in public rights of way and utility easements in the city of Fayetteville, Arkansas. BACKGROUND: The University of Arkansas currently has designs for a fiber optic line running between the Harmon Parking Deck area and the new Arts District area on Hill Street south of MLK Boulevard. During the review of this project, the need for an agreement to occupy public rights of way and easements was made apparent. Since the University is not covered under any existing franchise utility agreements, a separate agreement would be necessary to accommodate the fiber optic line and associated conduits. Furthermore, the University of Arkansas anticipates additional dedicated private utility -lines in the future. Therefore, the City and University have collaborated to create a master agreement for these situations so that future projects can be reviewed and approved administratively. DISCUSSION: Attached to this memo is the master agreement as well as an exhibit showing the geographic boundary in which this agreement is applicable. It should be noted that this Master Agreement is only intended to apply to pipes and utilities proposed for future construction. The current agreement allows each future project to be reviewed and discussed separately, which will help ensure the city's interests are protected. There are ongoing conversations about a separate agreement for existing water and sewer lines on University properties, but those agreements have not been finalized at this time. That conversation will need to be resolved by drafting a map of all known lines and generating criteria to determine ownership of water and sewer utilities. Nothing in this agreement would inhibit this future conversation from being successful. BUDGET/STAFF IMPACT: This item has no budget impacts. Mailing Address: 113 W. Mountain Street wvvw.fayetteville-ar.gov Fayetteville, AR 72701 MASTER AGREEMENT BY AND BETWEEN BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE AND CITY OF FAYETTEVILLE, ARKANSAS REGARDING PLACEMENT OF UTILITIES AND PIPE LINES TO BE OWNED, OPERATED AND MAINTAINED BY THE UNIVERSITY OF ARKANSAS IN PUBLIC RIGHTS OF WAY AND UTILITY EASEMENTS IN THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, the University of Arkansas, Fayetteville, Arkansas (The University) is primarily located in the City of Fayetteville, Arkansas; and WHEREAS, the City of Fayetteville owns and maintains certain streets and alleys within the University Campus; and WHEREAS, the University owns and maintains certain utilities to support campus operations; and WHEREAS, the University has ongoing development projects that include installation, maintenance and operation of utilities and pipelines at various locations within The University utilities planning area and as shown in the attachments; and WHEREAS, some lengths or areas of these utilities or pipelines are required to be laid within or across public right of way along the route; and WHEREAS, the University has a goal to increase service area to University properties; and NOW W THEREFORE, the University and the City of Fayetteville, Arkansas agree that proposed utility and pipeline installations shall be implemented and maintained in accordance with the following stipulations. Page 1 of 5 STIPULATIONS CONSTRUCTION AND MAINTENANCE PLAN This agreement shall govern the construction and maintenance of utilities and pipelines located within the geographic boundary identified on the map attached to this Agreement as Exhibit A. For each utility or pipeline to be located or constructed within City right of way the University shall, prior to commencing construction, submit to the City Engineer for approval preliminary and final construction documents. Final construction documents shall be stamped and signed by a registered professional engineer, registered in the State of Arkansas. The following list includes all conditions to lay, construct, equip, operate, repair and maintain private utilities or pipelines in public right of way for purposes of supplying utility services to University property within the city right of way: a) The existing right of way owned by the City of Fayetteville shall not be unnecessarily and unreasonably impaired or obstructed without prior written consent of the City of Fayetteville. b) No fees or charges of any kind shall be imposed by the City of Fayetteville upon the University for the breaking or opening of any highway, street, road, sidewalk, or other public places for the construction and/or maintenance of the utilities or pipelines. The University, however, shall be responsible to complete all repairs incurred as part of the construction and maintenance of the utilities or pipelines substantially consistent with the established specifications and standards of the City of Fayetteville as set forth in the City's Unified Development Code, standard details, and Minimum Street . Standards. C) The University shall at all times keep and display the necessary danger signals and property guards around all excavations and obstructions and shall keep sufficient space in good condition for the travel of vehicles on at least one side of all excavations and obstructions; and soon as practicable, restore all openings.on the highway, street, road, sidewalk, or other public places to condition equally as good as before said openings or obstructions were made. Anything to the contrary notwithstanding, if the University or its contractor needs to close a lane or roadway, either partially or in whole, to construct orto repair the utilities or pipelines at any time during the life of this Agreement, then the University or its contractor shall give notice to the City, and the City must give approval for any such closure in advance. The City agrees to cooperate and respond to such requests in a timely manner. d) This Agreement does not authorize the University and its contractor to cause injury to any highway, street, road, sidewalk, or other public places except as specifically allowed, nor with any public or private sewer or drainage system, or water lines, now or hereafter laid or constructed by the City of Fayetteville or by any authorized person or corporation; but no sewer or water pipes, electric conduits, telephone or TV cables shall be so laid as to interfere unnecessarily with the utilities or pipelines, which utilities or pipelines shall have been laid prior to the time of laying such electric conduits, telephone and TV cables, sewer or water lines. e) Pursuant to Article XII, Section XI1 of the Arkansas Constitution, the University may not enter into a covenant or agreement to hold the City harmless or to indemnify the City from prospective damages. However, with respect to loss, expense, damage, liability, claims or demands, either at lawor Page 2 of 5 in equity, for actual or alleged personal injuries or property damage arising from work performed under this Memorandum of Agreement by the University and not from the negligence or willful misconduct of the City or its employees, representatives, agents or subcontractors, the University agrees with the City that: (a) the University will cooperate with the City in the defense of any action or claim brought against the City seeking the foregoing damages or relief; (b) the University will in good faith cooperate with the City should the City present any claims of the foregoing nature against the University to the Claims Commission of the State of Arkansas; (c) the University will not take any action to frustrate or delay the prompt hearing on claims of the foregoing nature by the Claims Commission and will make reasonable efforts to expedite any such hearing; provided, however, the University reserves its right to assert in good faith all claims and defenses available to it in any proceeding in the Claims Commission or other appropriate forum. The obligations of this provision shall remain in effect so long as the University operates the utility or pipeline. f) The University and/or its contractor shall furnish promptly to the City of Fayetteville'sproper authorities or the Arkansas One Call system any reasonable and necessary information which may be asked for by them in regard to the size, location or depths of any of the pipes, mains, conduits, or service pipes, in connection with a project undertaken pursuant to this agreement. The City of Fayetteville shall not be liable for any costs to repair damaged utilities or pipelines if the utilities or pipelines are not marked or located for future roadway, utilities or other construction completed by or on behalf of the City of Fayetteville, if the utilities or pipelines were not located and marked in the field in accordance with state law. g) The minimum depth of cover over the utilities or pipelines laid within or across public right of way shall be 4 feet below existing grade except as noted below, and as required by owners of utilities which exist within the right of way to be utilized by theUniversity. h) During construction, reports detailing work undertaken pursuant to the terms of this Agreement shall be submitted weekly by the University for review by the City Engineering Division. Such reports shall include any proposed changes and problems encountered in the efforts to carry out the terms of this Agreement. The City also reserves the right to visit the project site at any time; with reasonable notice to the University, to ensure that work conducted meets standards as set forth in the Agreement. Any specific inspection and testing requirements shall be mutually agreed upon in writing by the parties prior tocommencement of a specific project. i) Should the City of Fayetteville make any improvements to the roads, highways, streets, or public grounds within the limits of this Agreement and the utilities or pipelines are in conflict with the improvements such that the improvements cannot be executed or it places the utilities or pipelines at risk, and the utilities or pipelines are determined to be within existing right of way owned by the City, then the University, at no cost to the City, shall relocate the utilities or pipelines so as not to interfere with such improvements. Conversely, if any improvements to the roads, highways, streets, or public grounds which are in conflict with the location of the utilities or pipelines are outside existing right of way owned by the City as of the date of execution of this Agreement noted below, the party responsible for the improvements shall be financially responsible for the utilities or pipelines relocation. j) The parties may agree to alter the minimum specifications set forth in paragraphs (g), (h), and (i) above for specific projects but in no event shall the specifications be established below the minimums set forth in this Agreement without the approval of the CityCouncil, and in no event shall any specifications or requirements exceed that for any standards for similar projects by other entities. Page 3 of 5 II.DURATION This Agreement shall only expire if ownership of the utilities or pipelines is transferred to a utility that has a franchise agreement in place with the City of Fayetteville. Ill. TRANSFER This Agreement shall not be transferable unless approved in writing by the City of Fayetteville and the Board of Trustees of the University of Arkansas. IV. AMENDING THE MASTER AGREEMENT Should any of the signatories to this Agreement believe that the terms of this Agreement are not being met, or cannot be met, that party shall immediately notify the other signatories and request consultation to amend this Agreement. The parties agree to act in good faith to resolve any issues incurred over the term of the Agreement, consistent with any applicable laws, codes or ordinances, and with accepted professional engineering practice. The process to amend this Agreement shall be conducted in a manner similar to that leading to -the execution of this Agreement. V. TERMINATING THE MEMORANDUM OF AGREEMENT This Agreement shall not be terminated except by the authorized respective representatives of the City of Fayetteville and the Board of Trustees of the University of Arkansas. VI. COUNTERPARTS AND SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be considered one and the same document. The parties agree that faxed or PDF copies of the signature pages shall be deemed valid and binding upon each of them. V,IL GOVERNING LAW This Agreement shall be governed and construed under the laws of the State of Arkansas without regard to its choice of law principles. By entering into this Agreement, neither the City nor the University waive any immunities to suit that -are or may be available to either of them or their respective officials, trustees, representatives or employees. Page 4 of 5 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE By: //i"KQO - TIM 'DONNELL Vice Chancellor for Finance and Administration ATTEST: 0 CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: Page 5 of 5 SONDRA SMITH, City Cie,O%IJ4n11111/" Ej iAyETfEVfLLE: }� o